Section 3.8. Fiduciary Activities

A magisterial district judge may serve as the executor, administrator, trustee, guardian, attorney in fact, or other personal representative or other fiduciary only if such service will not interfere with the proper performance of judicial duties. As fiduciaries for the estate, trust, or person of a member of the magisterial district judge’s family, magisterial district judges are subject to the following restrictions:

(A) They shall not serve if it is likely that as fiduciaries they will be engaged in proceedings that would ordinarily come before them, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which they serve.

(B) While acting as fiduciaries magisterial district judges are subject to the same restrictions on financial activities that apply to them in their personal capacity.

(C) If a person who is serving in a fiduciary position becomes a magisterial district judge, he or she must comply with this Rule as soon as reasonably practicable, but in no event later than one year after becoming a magisterial district judge.

Comment:

(1) Magisterial district judges’ obligations under this Canon and their obligations as fiduciaries may come into conflict. For example, a magisterial district judge should resign as trustee if divesting the trust of holdings that place the magisterial district judge in violation of Rule 3.1 of these Conduct Rules would result in detriment to the trust.

(2) The Effective Date of Compliance provision of these Conduct Rules, found at No. 376 Magisterial Rules Docket, qualifies this subsection with regard to a magisterial district judge who is an executor, administrator, trustee, or other fiduciary at the time these Conduct Rules become effective.